PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  000626

3.  Authority for separation:

      a.  Regulation:  Chapter 10, AR 635-200

      b.  Reason:  In Lieu of Trial by Court-Martial

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AFSM
    a.  Period entered for:  2 Years  17 Weeks     AFEM
    b.  Entry date:  980716                        ASR
    c.  Age:  17 Years   DOB:  800809              NATO Medal
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  123                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Years  11 Months  11 Days

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  On 24 February 2000, the applicant was tried by General Court-
Martial at Bosnia-Herzegovina for violations that occurred on 4 January
2000.  Specific charges included one specification of leaving his appointed
place of duty, to wit: guard duty; one specification of violating a lawful
order from a LTC; one specification of wrongful appropriation of a military
vehicle; and one specification of wrongful and willful discharge of a
firearm.  The applicant was duly sentenced, however, on 25 February 2000,
the appropriate authority disapproved the sentence and accepted the
applicant’s request for discharge under the provisions of Chapter 10, AR
635-200, in lieu of trial by court-martial with issuance of a discharge
under other than honorable conditions.  All charges and specifications were
subsequently dismissed and all rights, privileges, and property of which
the applicant had been deprived by virtue of the court-martial proceedings
were restored.  Further, the record contains a properly constituted DD Form
214 (Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature.  His DD Form 214 confirms that
the applicant was voluntarily discharged under the provisions of Chapter
10, AR 635-200, in lieu of court-martial, with a characterization of
service of under other than honorable conditions, with a separation code of
KFS, and an RE code of 4.

      b.  On 26 June 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 11 months, and 11 days of
active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter l0 of that regulation provides, in pertinent part, that a member
who has committed an offense or offenses for which the authorized
punishment includes a punitive discharge may submit a request for a
discharge for the good of the service in lieu of trial by court-martial.
The requests may be submitted at any time after charges have been preferred
and must include the individual’s admission of guilt.  Army policy states
that although an honorable or general discharge is authorized, a discharge
under other than honorable conditions is normally considered appropriate.


                      SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 030805, with no enclosures.
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE


                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 14 April
2004.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The applicant has not submitted an issue of
                   propriety and the ADRB has not otherwise relied upon an
                   issue of propriety to change the discharge.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and the contentions submitted by his counsel.  There was a full
consideration of all faithful and honorable service as well as the
infractions of discipline, the extent thereof, and the seriousness of the
offenses.  The evidence of record shows that the applicant was tried and
convicted by a General Court-Martial at Bosnia-Herzegovina for violations
that occurred on 4 January 2000.  Specific charges included one
specification of leaving his appointed place of duty, to wit: guard duty;
one specification of violating a lawful order from a LTC; one specification
of wrongful appropriation of a military vehicle; and one specification of
wrongful and willful discharge of a firearm.  The adjudged sentence
included the following:  to be reduced to the grade of private E-1; to
forfeit all pay and allowances; to be confined for 135 days; and to be
discharged with a bad conduct discharge.  The appropriate authority
disapproved the sentence and accepted the applicant’s request for discharge
(NIF) under the provisions of Chapter 10, AR 635-200, in lieu of trial by
court-martial with issuance of a discharge under other than honorable
conditions.  In requesting discharge under the provisions of Chapter 10, AR
635-200, the applicant admitted guilt to the stipulated or lesser-included
offenses under the UCMJ.  In the absence of information to the contrary,
the Board was satisfied that all requirements of law and regulation were
met and the rights of the applicant were fully protected throughout the
separation process.  All charges and specifications were subsequently
dismissed and all rights, privileges, and property of which the applicant
had been deprived by virtue of the court-martial proceedings were restored.
 The Board, being convinced that the reason for discharge and the
characterization of service were both proper and equitable, voted to deny
relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       2         3

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003094073                    INDEX NUMBERS:  A0205
Date of Review:  040414                                   A9235
Character of Service:  UD                                 A9411
Date of Discharge:  000626                                A0113
Authority:  AR 635-200 C10
Reason:  A7000
Results of Board Action/
Vote/Affirmation:  NC 3-2 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X            X            

    2.      Mbr          X            X            

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X